Minnesota Lawyer Commentary: Exxon Ruling

June 28, 2008

The Minnesota Lawyer newspaper published the following story on the recent U.S. Supreme Court ruling in the Exxon Valdez matter. In the article, Minnesota Lawyer’s reporter asked Hessian & McKasy’s Environmental Law Attorney Practice Group Chair Joseph Maternowski for his thoughts on the impact of the ruling on environmental law. A link to the June 27, 2008 article is found at:http://www.minnlawyer.com/article.cfm?recid=78107

The views expressed here are my own and do not reflect the views of my employer, Hessian & McKasy P.A.

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Agencies use guidance to make policy. Guidance can be developed and implemented quickly. When agencies use guidance instead of the more formal rulemaking process, they risk Court review and a finding that the guidance is an unpromulgated use. One example of Agency guidance is the Minnesota Pollution Control Agency’s Best Management Practices for Vapor Investigation and Building Mitigation Decisions.

Joseph Maternowski, was named Best Lawyer in the fields of Environmental Law and Litigation – Environmental in Minnesota by Best Lawyers® in 2018. Mr. Maternowski, a shareholder at the Hessian & McKasy law firm in Minneapolis, Minnesota, concentrates his practice on handling the environmental aspects of real estate and commercial transactions with an emphasis on managing the issues […]

NOTE: **Being named to the list or receiving the award is not intended and should not be viewed as comparative to other lawyers or to create an expectation about results that might be achieved in a future matter.